Voter ID Pilot Schemes

Chris Green Excerpts

Wednesday 6th June 2018 Westminster Hall

[Ellie Reeves]

There has certainly been clear evidence of people being disenfranchised in my constituency, which was part of the pilot. In fact, in Bromley, the area I represent, prior to the scheme being launched an impact assessment said that the scheme was likely to have an adverse impact on older people and trans people. That is evidence from Bromley’s risk assessment.

[Chris Green (Bolton West) (Con)]

Will the hon. Lady give way?

[Ellie Reeves]

I want to make some progress. I have big concerns about the potential disenfranchisement of voters in areas where people who are legally entitled to vote may not have identification in line with the requirements. Even before discussing the concept of voter ID, the requirements across the pilot schemes were wide ranging and different, meaning that aggregated findings or comparative analysis will both be questionable in any Government evaluation. Bromley, Gosport and Woking required ID documents, whereas Swindon and Watford required only a poll card. Interestingly, none of the trial areas had a significantly poorer or more ethnically diverse population than the national average, or any recent historical examples of voter fraud or voter impersonation.

As I said, Bromley Council’s impact assessment stated that there would be a noticeable effect on the elderly and trans people. It highlighted concerns that voters in those categories would be less likely to have up-to-date documentation in line with the requirements. As my hon. Friend the Member for Slough (Mr Dhesi) said, prior to the roll-out the Equality and Human Rights Commission warned the Government that voter ID schemes would have a disproportionate impact on voters with protected characteristics, particularly those from ethnic minority communities, older people, trans people and people with disabilities.

Before committing to any further changes to the way in which citizens vote, we should look at the experience of other countries that have rolled out identification checks at elections. Experience from the United States has shown that voter ID schemes disproportionately affected marginalised groups, because those who could not afford to drive or go on holiday often did not have the specified documentation. Figures from the last census, recorded in 2011, show that 9 million people in the UK do not hold a driving licence and 9.5 million do not hold a passport. To put that in perspective, figures from the Electoral Commission show that 24% of the electorate do not have access to a passport or photographic driving licence.

Furthermore, 3.5 million people in Great Britain— 7.5% of the electorate—do not have access to any form of photo ID whatsoever. If voters live in shared accommodation or often move, they are also less likely to have bills or paperwork in their name. With regard to the groups highlighted in the various equality impact assessments, we must consider the impact on those unlikely to have up-to-date ID. The recent Windrush scandal has shown that even those who are legitimate citizens and voters have struggled to access services to which they are entitled. Further expansion of voter ID schemes could see the Windrush generation denied their democratic rights, adding further insult to injury.

Notwithstanding those points, it has also been reported today in The Guardian that two barristers have called into question the legality of the pilot, given that it made voting harder, casting further doubt on a scheme that might have unlawfully denied people their right to vote.

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[Chris Green (Bolton West) (Con)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I am grateful to the hon. Member for Lewisham West and Penge (Ellie Reeves) for securing this debate. It is really important that the House has the opportunity to discuss voter ID.

Some Members may be aware that I laid a ten-minute rule Bill to discuss voter ID before the House. Since I presented that Bill, many constituents and others from around the country have raised the subject with me, expressing their enthusiasm for the scheme. Many people find it incredible that they do not have to show ID when they go to a polling station. They have to show ID when they collect a package from Royal Mail, and in so many other parts of life—it is a common and accepted thing. Why, when engaging in such an important matter as democracy, is the threshold for participation so low? A minimum threshold of proving who you are to engage in democracy is quite reasonable.

[Mr Harper]

As my hon. Friend says, it is important for someone to be able to show their identity. Does he welcome the fact that a range of different mechanisms were tried in the different pilot areas? Is he also aware of the fact that in Northern Ireland, where they have had this system in place for many years—a system that was legislated for by a Labour Government—any voter can have an ID card free of charge to use specifically to prove their identity in an election, and that that does not seem to have caused particular problems?

[Chris Green]

That is of great importance, and I agree entirely. A range of forms of identification were checked in these schemes, and a variety of options could be used. Northern Ireland, where there is excellent participation, is a role model for how the scheme can be implemented in the rest of the country.

[Mr Dhesi]

Northern Ireland has invested millions of pounds over a considerable period to put that scheme in place. Such a scheme would have to be rolled out across the whole of England, but in these austere times we are led to believe that we do not have the money for our NHS. If we have the money for this pilot scheme, surely money should also be spent on much worthier causes, such as our NHS and our education system.

[Chris Green]

I think we have a different point of view. I hope that my constituents regard our democracy as very important and worth investing in. Northern Ireland is a role model for how this can be delivered. It is interesting that there has been no evidence forthcoming from Northern Ireland about people with protected identities being disadvantaged. I would have thought that Opposition Members might focus a bit more on the evidence from the United Kingdom, rather than referring to the United States of America, which has a very different system.

People expect to show ID. In fact, people often think they are disenfranchised because they have lost their voter card. It is posted out weeks before the election, and if people lose it they think, “I don’t have my card, so I can’t vote. I’m disenfranchised.” If we use forms of ID that people carry daily, they will feel more confident attending the polling station, presenting their ID, voting and participating in our democracy. As was highlighted previously, that is no less than the Labour party expects.

[Jim McMahon (Oldham West and Royton) (Lab/Co-op)]

The hon. Gentleman rightly stated that the democratic right that we enjoy should be protected, but is he concerned that this measure has been introduced without an Act of Parliament?

[Chris Green]

At the moment, we are just looking at trial schemes. It is important to have evidence from trials before we roll out the scheme across the country. There were five pilots around the country for checking voter ID.

My constituents are also concerned about postal voter fraud, and there was a postal vote trial in Peterborough, Slough and Tower Hamlets. When people think about voter fraud and corruption of the political system, they think of Tower Hamlets. It was not the Mayor of London but a Mayor in London who was kicked out of office because of irregularities in the voting system in Tower Hamlets. Statistics such as 0.000-whatever per cent are not very relevant when a Mayor in London has been kicked out of office. I welcome these pilots, and I hope the Minister will give some indication of when the scheme can be rolled out across the country, because my constituents would welcome that.

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[Mr Jonathan Lord (Woking) (Con)]

My constituency of Woking was one of the areas that had a voter ID pilot, and I think it is fair to say that it was the strictest of them all. It demanded a specific item of photographic voter ID or an elector card, which could be applied for before 5 pm on Wednesday—the day before polling day. Woking Borough Council has already submitted an interim report, which states:

“Voters across the Borough were required to show one of a number of approved forms of photographic identification before they were issued with their ballot paper at the polling station. Where electors did not have one of the approved forms of identification, there was the option to obtain a free Local Elector Card, with 57 of these cards issued during the trial.

Figures demonstrate that out of 18,851 voters who attended a polling station, 99.73% of electors provided the right form of photographic ID. In total, 51 people (0.27%) brought the wrong ID or attended with no ID and were not issued with a ballot paper. The report indicates that overall turnout to the election was unaffected by the trial, comparing favourably to previous elections at 37.75% compared to 37.71% in 2017 and 35.81% in 2012 (when the last Borough only election was held)”.

That is a pretty remarkable result.

Ray Morgan, Woking Borough Council’s chief executive and returning officer, expressed satisfaction with the trial:

“Given that 99.73% of voters brought a correct form of ID and engaged positively with the pilot and only 0.27% did not, I think we can call this trial a great success. I would like to thank Woking’s electorate for their cooperation and understanding throughout the trial. I would also like to acknowledge the hard work of all members of polling station staff and Council officers in the lead up to the election, and on the day, to make the new process such a success.”

I would like to add my personal thanks. Mr Morgan continued:

“Following our experiences in the polling stations on 3 May, I see no reason why bringing ID to vote cannot be embedded in our democratic process and have already expressed my desire to the Cabinet Office that Woking continues to participate in any future trials.”

We have heard some good speeches on both sides of this debate, but I remind those who seem to have set their face against voter ID for local and parliamentary elections that only a handful of votes can be crucial. In one of the 10 wards up for election in Woking this summer, one of the candidates won by just 10 votes and another by just 16 votes. Indeed, in recent years in Woking we have had single-figure majorities in different wards.

[Chris Green]

Given the numerous different ways to determine a draw, whether tossing a coin, drawing a straw or pulling a card, would it not be advantageous in the event of a dead heat in an election for voters to know that every one of the votes cast had been genuine? The election may be for a town council, borough council or a Member of Parliament, and at a time of minority Governments, as we have now, that could determine the Government of the country.

[Mr Lord]

My hon. Friend makes a pertinent and important point. In the 2017 general election, as we all know, the constituency of North East Fife was won by the Scottish National party candidate by only two votes. Further parliamentary seats were won by fewer than 100 votes, such as Perth and North Perthshire with 21 votes, Newcastle-under-Lyme with 30 votes, Southampton, Itchen with 31 votes, Richmond with 45 votes, Crewe and Nantwich with 48 votes, Glasgow South West with 60 votes, Glasgow East with 75 votes and Arfon with 92 votes. A small number of votes can swing seats at a parliamentary election and therefore determine who are the Government of the day.

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[Tommy Sheppard]

I am sorry, but I will not take interventions because we are short on time.

Unlike in Northern Ireland, where there was a serious problem, the instances alleged appear to be sporadic and individual rather than as a result of any organised campaign to scam an election—I have yet to see any evidence that the latter is the case. Given that, why are the Government so concerned and being egged on by some members of the governing party, for whom this seems to have become something of an obsession? Indeed, I note that someone recently put in a freedom of information request to the Human Tissue Authority, which regulates dead bodies, to ask what information it has about electoral fraud, as if we are looking at zombie voters coming to influence the situation.

As the evidence is not there that this is a huge problem that needs to be tackled, there is a case in what the Opposition are saying. In fact, the motivation is party political, with people seeking a party advantage. It is the case, is it not, that photo identification is less likely to be held by people who are unemployed, people who earn low incomes, black and minority ethnic groups, people with disabilities and migrant communities? All of those people have one thing in common: they are less likely to vote for the Conservative party. It seems to me that, as the hon. Member for Woking (Mr Lord) said, potentially very few votes influence the outcome of an election, if photo ID achieves the suppression of participation by voters in those categories—

[Chris Green]

Will the hon. Gentleman give way?

[Tommy Sheppard]

I am sorry, but I have only 60 seconds left.

There is a severe problem here. We need to look seriously at the results of the pilot. I would like the Minister to respond. It will not be good enough if all the Electoral Commission does is speak to the returning officers in those five areas and finds out who voted and who was turned away; we need to know much more than that. We need the breakdown of who was turned away and what their characteristics are, to see whether there are any particular trends. More importantly, we need to know not just who was turned away but who never turned up in the first place. People have suggested that there was no effect on turnout, but surely that was in part because there was a publicity campaign in those five areas, so people will have known that if they did not have photo ID, there probably was not much point in going to the polling station. Clear scientific research needs to be undertaken to find out whether that was the case before there is a further roll-out.

I plead with the Cabinet Office and the Minister to understand that there are much greater priorities in improving our electoral system than this. It is surely time, in the 21st century, that 16 and 17-year-olds should be able to vote. It is surely time to have automatic registration. And it is surely time that we piloted online voting, where there would be absolute security in who votes and absolute guarantees against personation and fraud.

[Laura Smith (Crewe and Nantwich) (Lab)]

I congratulate my hon. Friend the Member for Lewisham West and Penge (Ellie Reeves) on securing the debate. I very much echo the concerns she raised.

It is deeply concerning that voters, some of whom have voted their entire lives, were denied a voice in last month’s local elections as a direct result of discriminatory policies introduced by this Government. The Government present voter identification as a solution to tackle the specific issue of voter impersonation in polling stations. Electoral fraud is a serious crime and every allegation must be investigated fully. Indeed, isolated incidents of electoral fraud have taken place and it is vital that the police have the resources they need to prosecute.

However, the proposals outlined by the Government are clearly disproportionate. In 2017 there were 28 allegations of impersonation out of nearly 45 million votes cast—one case for every 1.6 million votes cast. Of those 28 allegations, one case resulted in a conviction. None of the five English boroughs that took part in the pilots has experienced a single instance of impersonation in the past decade. The scale of electoral fraud in this country has caused many, including Dr Stuart Wilks-Heeg, head of politics at the University of Liverpool, to describe voter ID as

“a solution in search of a problem”.

Does the Minister agree with that assessment?

The Government clearly recognise the flaws in their argument. When pushed, they claim that voter identification is designed to tackle the perception of electoral fraud. However, new research published today by the Electoral Reform Society shows that mandatory ID in polling stations is one of voters’ lowest concerns—just 4% of voters believe ID is the most important priority for our democracy. The top issues for voters were: ensuring that elections are free from the influence of large financial donations, an accurate voting register and balanced media coverage. That shows just how out of touch the Tories really are. To quote Professor Toby James from the University of East Anglia:

“Concerns more often arise from accusations of fraud made by politicians in the media, rather than concrete cases.”

A concern shared by Opposition Members is that restrictive voter ID requirements could disenfranchise voters. Approximately 3.5 million electors do not have any photo ID, and 1.7 million lack even a bank account. That makes mandatory voter ID with no free provision a barrier to many people exercising their right to vote. There is also a significant financial barrier to obtaining ID. Only recently the Government pushed through unpopular proposals to increase the cost of adult passports from £72.50 to a whopping £85. In this context, it is deeply concerning to read a comment posted by Islington Conservatives on Twitter the day after the local election that, “Voting is not compulsory so ID doesn’t need to be free”. Will the Minister condemn the statement made by her colleagues in Islington?

Article 3 of protocol 1 of the European convention on human rights, which was incorporated into UK law by the Human Rights Act 1998, protects our right to free elections, including the right to vote. Under the law, voting is a right, not a privilege, and voting rights are closely linked to the rights to freedom of expression and to freedom of assembly. It is therefore extremely misleading for the Government to argue that voting is like picking up a parcel from the post office, where some ID is required.

The European convention on human rights outlines that the right to vote is not absolute—conditions can be imposed, which is why it is lawful to have residency or minimum age requirements. However, these conditions must pursue a legitimate aim, be proportionate and not prevent free expression in choosing the legislature. As I said, the measures piloted last month are clearly disproportionate to the amount of voter impersonation in England, and therefore do not fulfil the legal requirement.

[Chris Green]

Will the hon. Lady give way?

[Laura Smith]

I have no time.

I would also be interested to hear the Minister’s response to today’s intervention by Blackstone Chambers. According to Anthony Peto QC, the joint head of Blackstone, and fellow barrister Natasha Simonsen, schemes

“that restrict or discourage voting, or that inhibit voters,”

are beyond the scope of the Representation of the People Act 2000. Those leading barristers concluded that the pilots were illegal because they were incorrectly imposed by ministerial diktat rather than through Parliament. The Conservative party appears to have completely disregarded the rule of law. Does the Minister agree that, following that intervention, it is impossible for her Government to justify their undemocratic and unlawful plans?

The Windrush scandal demonstrated that it can be difficult for some communities to provide official documentation. This is the same hostile environment all over again, and it is shutting our fellow citizens out of public life. The Government were also warned by the Equality and Human Rights Commission and more than 40 leading charities and academics in two separate interventions that voter ID requirements have a disproportionate impact on ethnic minority communities, older people, trans people and people with disabilities.

I have to start winding up, because I am running out of time.